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IN 


CIVIL GOVERNMENT 

OF THE 

UJ^ITEB STilTES. 


By J. M. CALLAHAN, 

Professor of Sciences and History in the Southern Indiana Normal College# 

Mitchell, Indiana. 

AND 

AUTHOR OF OUTLINES OF U. S. HISTORY WITH NOTES,” “OUTLINES OF PHYSIOLOGY,” 
“ OUTLINES OF GEOGRAPHY WITH NOTES,” AND “OUTLINES AND EXPERIMENTAL 
WORK IN PHYSIOLOGY.” 

A manual for teachers aHd pUpils. 


“A careful classification of any branch of study will 
give one a clearer view of the subject and enable him 
more easily to retain it.”— Brooks. 



CHICAGO: 

A. FLANAGAN, Publisher. 







THE LISHARY «F 
eeNGRESS, 
Two COHlfcS RECIctVES 

MAY, 2 1902 

COf»VRI*HT ENTRY 

CLASS XXc. No. 
COPY 8, 


C € 
< I i 


c 

« 

c c « 








preface. 


The object of the author of these outlines has been to present the 
history, nature and operation of our government in a systematized form 
that will facilitate the study of it. 

“ A careful classification of any branch of study will give one a 
clearer view of the subject^ and enable him more easily to retain if.” 
The pupil should be led to make outlines. 

The “ Blackboard Schemes ” will be found useful in reviews. 

Notes, explanations and forms of answers have been given where 
it has been thought necessary and beneficial to the students. 

We have, as far as possible, endeavored to follow the order of 
arrangement in the Constitution, but often it has been found necessary to 
change a clause from its original order in that instrument to its related 

place in the outline. j. m. Cai.i.ahan. 

Southern Indiana Normae Coeeege, \ 

MiTCHEEE, Ind., March 1, 1892. j 



SUGGESTIONS TO TEACHERS. 


' 1. Assign lessons by the outline. 

2. Have pupils to express in their own language, and “ stand on 
their own feet.” 

3. Keep related parts connected. 

4. Require pupils to use note-books. 

5. Notice causes and results. There is a reason for each clause 
in the Constitution. Let why be a frequent question. 

6. Give frequent exercises in written work. Review often. 

7. Encourage the pupils to read the newspapers, and good 
books relating to this subject. 

8. In the-lower grades, read or tell interesting ee con¬ 
cerning our country and government. 

9. Illustrate freely and teach the pupil to think for himself. 

10. Instruction in civics must be animated and vivified by 

citing examples, by availing one’s self of history, and above all by 
aiming to excite without cessation national ideas and to enkindle the 
flame of patriotism. 



NECESSITY OF A KNOWLEDGE OF CIVIL GOVERNMENT. 


“ In a country which governs itself, where each individual through 
his vote participates freely in the direction of public affairs, why per¬ 
mit the majority of the citizens, those who attend only the common 
school, to remain in ignorance of their political and social obligations ?” 
— Gompayre. 

“Without civic and political education, the sovereign people is a 
child playing with fire, at the risk each moment of burning down the 
house.”— Pestalozzi. 

We have citizens who boast of this glorious name, without knowing 
what obligation it imposes on them; electors who vote without knowing 
the importance of their vote; tax-payers who pay taxes without com¬ 
prehending the use made of them ; inhabitants of a country who have 
not been taught to love her. How can they respect and love the Con¬ 
stitution if they do not knoio the Constitution ? 

A school-boy on his examination paper has said: “ The Constitution 
of the United States is that part of the book at the end which nobody 
reads, ” and “ was established to insure domestic hostility. ” The first 
part of his definition is too often true. 

The boy of to-day is soon to help direct the affairs of the nation, 
and should have some knowledge of the nature and operation of the 
government under which he lives. The ballot is greater than the bul¬ 
let, and he who handles it should not be ignorant of what he is 
doing.— 

He should understand his government.— 

(1.) Because he is subject to it. " ' 

(2.) Because he is responsible, to some extent for its success or 

failure. 

(3.) For his own protection and also that of others.' 

(4.) For his success and happiness. > 



CIVIL GOVERNMENT. 
(Treated in general.) 


y 

6 OUTLINES IN CIVIL GOVERNMENT. 


BLACKBOARD SCHEMES. 


' I. Definitions 


II. Relation to the nation. 


III. Objects ■{ (Not a necessary evil) 

2. Progressive 


IV. Origin 


^ 1. Society is the natural state of man 
2. Not from any compact of men 
t 3. Ordained of God 


V. Kinds 


1. Nomadic 

2. Patriarchy 

3. Theocracy 


1. Definition 

2, Example 


L. Absolute 


( 1 - 

4. Monarchy •< 

(2. Limited 


' 1. Pure 


i: 


Definition 
2. Examples 


5 

t 5. Democracy { 


2. Republic 


f 1. Integral 
2. Confederated 











II. Civil Government of the United States. 


OUTLINES IN CIVIL GOVERNMENT, 


7 


I. Prehistoric 


f 1. Names. 

I 2. Settlement 

I 3. Titles for land came from British 
' 1. Colonies •{ Crown 

4. British claimed land by discovery 
1 5. England the sovereign power 
t 6. Became States July 4, 1776 


II. Colo¬ 
nial i 


r 1. Provincial 
or Royal 


2. Divisions of Col. 
Government 


2. Proprie¬ 
tary 


. 3. Charter 


j 1. Provisions 
) 2. Examples 

( 1. Provisions 
( 2. Examples 

j 1. Provisions 
I 2. Examples 


3. Relation of Colonial to English Government 


4. First representative bodies 


f 1. Union of 1643 
2. Proposed Union of 1754 


^ 5. Tendency to 
union among ■{ 
Colonies 


3. Congress 
of 1765 


r 1. Invited by 
Massachusetts 
2. Cause. 

J 3. Colonies repre¬ 
sented 

4. Purpose 

5. Action 

6. Result 


4. First Continental Congress 
I 5. Second Continental Congress 


( 1. Causes. 

2. Central Government—Second Cont. Cong. 

3. Declaration of Independence. 


. IV. National 


1. Revolutionary—1776 to 1781 


2 . 


Under articles of Confed¬ 
eration—1781 to 1789 


f 1. History. 

I 2. Provisions 
^ 3. Defects 
4. Failure 
[ 5. Plans of 

changing 


3. Under the Constitution—1789' 












III. Constitution of the United States. 


8 


OUTLINES IN CIVIL GOVERNMENT. 


' 1. Definition. 


2. Formation 


r 1. Time 
I 2. Place 
1 3. Manner 
t 4. Difficulties 


3. Adoption 


4. Efficiency 


5. Purposes ^ 


1. Union 

2. Justice 

3. Peace at home 

4. Common defense 

5. General welfare 


o. vjenerai 
[ 6. Liberty 


! 1. Legislative 
2. Escecutive 
3. Judicial. 

2. As to States 


6. Provisions - 


3. As to amendments 


4. At to strength of the Constitution 
. 5. As to the establishment of the Constitution 





' 1. Representation 
2. Slave trade 
^ 3. Fugitive slave law 

4.- 

I 6.-^— 


8. Compromises 









IV. LEGISLATIVE DEPARTMENT.—Congres8> 


OUTLINES IN CIVIL GOVERNMENT. 


9 


r 1. Members 


f 1. House of . 
Rep’vs 1 


1. Houses 


f 1. Number 
2. Term of office 
J 3. Election 
1 4. Qualifications 
1 5. Apportionment 
I, 6. Vacancies 

House of- 


f 1. Elective 


2. House 
powers 


j fleers 
( 2. President 
of U. S. 

2. Inquisitorial—im¬ 
peachment 
L 3. Legie-j Exclusive- 


lative 


2. Sen¬ 
ate -I 


1. Members 


f 1. Number 

2. Term 

3. Election 

4. Classes 

5. Vacancies 

6. Qualifications 


revenue 
2. Concurrent 


2. Presiding { 
officer 


1. Vice Pres¬ 
ident 


3. Senate 
powers 


2 Election of members 

( 1. Frequency 
3. Meeting < 2. Time 
(3. Place 


4. Provisions common to both 
houses 


r 1. Elect’n 
J 2. Powers 
1 3. Salary 
[ 4. Qualifi¬ 
cation 
[ 2. President jpro tern. 

f 1. Vice Pres. 

1 2. President 

1. Elective pro tern. 

1 3. Senate of- 
t ficers 

2. Judicial—Trying im¬ 

peachments 

3. Legislative 

1. Appoint¬ 
ments 
( 2. Treaties 


[ 4. Executive-! 


5. Law making proceedings 


U. 


1. Membership 

2. Quorum 

3. Business rules 

4. Penalties 

5. Journal 

6. Yeas and nays 

7. Adjournment 

8. Salaries 

9. Official rights 

10. Prohibitions on members 

11. Official oath 

r 1. Introduction 
I 2. Reading 
'] 3. Amendments 
4. Passage 

Orders, resolutions and votes 


1 . Bills 












liEGISLiATIVE DEPARTMENT—Congress. (Continued ) 
6. Powers. 


lo 


OUTLINES IN CIVIL GOVERNMENT, 




f 1. Taxes 

I 2. Borrowing money 
t 3. Commerce 

4. Naturalization 

5. Bankruptcy 

6. Coining money 

7. Weights and measures 

8. Counterfeiting 
[ 1. Express ■{ 9. Postal 

10. Patents and copyrights 

11. Inferior U. S. courts 

12. Crimes on sea, etc 

13. War 

14. U. S. Territory 

15. (Slavery) 

16. (Amendments) 

[ 17.- 

r 1. Purchase of foreign territory 
2. Naval academies, etc. 

2. ImpHed ^ 3. Internal improvements 
4. Corporations 





r 


1. On Con¬ 
gress 

(and U. S.) 


2. On States 
(relating 
to powers 
given to 
Congress) 


^ 1. To suspend writ of habeas corpus, 

( 1. Bill of attainder 

2. Penalties ■< 2. Ex-post facto law 

( 3. Attainder of treason 

3. Direct taxes 

4. Duties on State exports 

5. Concerning commerce between States 

( 1. Drawing 

6. Public money -j 2. Published statement 

(3. For armies 

7. Titles of nobility 

8. To abridge ( 1. Religious 

freedom 4 f 1. Speech 

(Amend.) ( 2. Civil J 2. Press 

^ I 3. Assembling 

9 . -Arms 

1. Treaties, etc. 

2. Marque and reprisal 

3. Coining money 

4. Bills of credit 

5. Tender for debts 

6. Bill of attainder 

7. Ex-post facto law 

8. Impairing contract 
^9. Nobility 

r 1. Imports and duties 
2. Tonnage 

« T. ^ Wax preparations 

2. Restric- ] 4. Agreements and Com- 
tions I pacts 

L 5. Engagement in war 


1. Absolute ^ 
prohibi- 
tions. 

\ 

I 



















VI. JUDICIAL. DEPARTMENT. V. EXECUTIVE DEPARTMENT. 


OUTLINES IN CIVIL GOVERNMENT, 


II 


1. Object 

2. Term of office 


o j L By electors 

T^iection ^ 2. By House of Representatives. 

I. Qualifications 


r. i !• How may it occur ? 

o. Vacancy ^ 2 . How may it be filled ? 
6. Salary 


(When?) 


7 . Oath of office 


1. Military 


1. Army and navy 

2. State militia 




L 


8. Powers and duties < 


9. Removal from office 


C 1. Concerning depart¬ 
ments 

2. Reprieves and pardons 

3. Treaties 

4. Appointments 
2. Civil ^ 5. Removals 

6. Messages 

I 7. Concerning Congress 
8. Reception 
I 8. Executes laws 
u i, 10. Commissions 

J 1. Impeachment 

] 2. Trial 


' 1. Object 

! 1. Suijreme 

( 1. Circuit 
2. Inferior •< 

( 2. District, j 3. Supreme Court of D. 0., 
I Court of Claims. 

f 1. How chosen 
I 2. Oath of office 
I 3. Term of office 
3. Judges ^ 4. Number 
5. Salaries 
I 6. Removals 

( 7. Provisions for retirement 
f 1. Attorneys 

4. Officers of U. S. Courts ] | Reporters 

t 4. Clerks 

( 1. Extent 

5. Jurisdiction ■< 2. Original jurisdiction of Supreme Court 
( 3. Appellate jurisdiction of Supreme Court 


6. Trials 


j 1. In civil cases 
( 2. In criminal cases 


! 1. Definition 
2. Conviction 
3. Punishment 







12 


OUTJLINES IN CIVIL GOVERNMENT. 


CIVIL GOVERNMENT. 


I. Definition. 

II. Relation of the government to the nation. 

1 . The people collectively constitute the state. 

2 . The body of men who for the time being are invested 
by the state with civil authority constitute the govern¬ 
ment. 

3. People or nation make the constitution. 

4. Government makes the laws. 

III. Objects—repressive and progressive. 

IV. Origin. 

1 . Society is the natural state of man. 

2 . Does not come from any compact of man. 

3. “ Ordained of God.” 

V. Kinds. 

1 . Nomadic. (1) Definition. (2) Example. 

2 . Patriarchy. (1) Def. (2) Example. 

3 . Theocracy. (1) Def. (2) Example. 

4. Monarchy. (1) Def. (2) Kinds. (3) Examples. 

5 . Democracy. 

(1) Def.—government in which the power is exercised by 

the people. 

(2) Kinds. 

a. Pure Democracy. 

(a) Def.—a government where people exercise theii 
power through themselves. 

(b) Example—Cantons of Switzerland. 

b. Republic. 

(a) Def.—a government where the power is exercised 
by representatives of the people. 

(b) Kinds— 1, Integral. 2. Confederated. •?. The 
American form is a mw form. 

(o) Examples, 


OUTLINES IN CIVIL GOVERNMENT. 13 

CIVIL GOVERNMENT OF THE UNITED STATES. 

ABORIGINAL—government of Mound Builders and Indians. 
COLONIAL— 

The Colonies. 

I. Names. II Settlement. 

III. Titles for land came from British crown, 

IV British claimed land by “right of discovery.” 

V. Central Government—England was the sovereign power. 

VI. The colonies became states July 4, 1776. 

Division of Colonial Governments. 

I. Provincial or royal. 

1 . Assembly—local law-making power. 

(1) Representatives—Lower House, elected by the people. 

(2) Council—Upper House, appointed by the King. 

(3) Governor—regarded as a deputy of the King. 

2 . The power of the sovereign of Great Britain was supreme, 

3. Names of colonies having royal governments. 

II. Proprietary. 

1 . Legislatures—convened and organized according to the 
will of the proprietor. 

2 . Power of proprietor was supreme, but the sovereignty of 
Britain was to be maintained. 

3. Names of colonies with proprietors. 

III. Charter, 

1 . In many respects, not unlike our state governments. 

2 . King and parliament claimed right to revoke charters at 
their pleasure. 

3. Names of colonies with charter governments. 

Relation of Colonial to English Government. 

I. Each colony exercised some of the powers of government. 

II. None claimed to be independent of England. 

III. The sovereign power was the British Crown. 

First Representative Bodies. 

Tendency to Union Among the Colonies. 

I. Union of 1643. 

1 . Colonies included “ United Colonies of New England.” 


H 


OUTLINES IN CIVIL GOVERNMENT. 


2 . Objects. 

(1) To defend themselves against the Indians. 

(2) To resist claims and encroachments of the Dutch. 

3. Continued for 43 years. ' 

II. Proposed union of 1754. 

1 . The convention—at Albany. 

(1) Colonies represented—seven. 

(2) Origin—at the request of the lords commissioners for 
trade. 

(3) Objects. 

a. To confirm and establish the ancient friendship of 
the Five Nations.” 

b. “ To consider whether the colonies would enter into 
articles of union and confederation with each other for 
the mutual defense of His Majesty’s subjects and inter¬ 
ests in North America as well in time of peace as war.” 

2 . Plan—Franklin’s was adopted. 

(1) Provisions. 

(2) Rejection, a. In England because it left too much 
power with colonists, b. In America because it trans¬ 
ferred too much power to the Crown. 

III. Congress of 1765—at New York. 

1 . Invited by Massachusetts. 

2 . Cause—passage of Stamp Act. 

3. Colonies represented—all but four. 

4. Purpose. 

(1) To consider their rights. 

(2) To obtain redress from parent country. 

5. Action—adopted a Declaration of Rights. 

6 . Results. 

(1) Stamp Act repealed. (2) Other taxes and duties 
imposed. 

(3) Redress was not obtained. 

(4) It led to a closer union for their protection. 
fV. First Continental Congress—at Philadelphia, 1774. 

1. Recommended by Massachusetts. 

2 . Cause. 

3. Delegates — from all colonies except Georgia. 


OUTLINES IN CIVIL GOVERNMENT. 




(1) How selected. (The number was 53.) 
a. Some appointed by popular branch of colonial as¬ 
sembly. b. Others elected by conventions of the people. 

■ (2) Distinguished members—Peyton Randolph, President, 
John and Samuel Adams, R. H. Lee, Patrick Henry, 
George Washington and others. 

4. Purpose—to deliberate upon the state of public afiairs. 

5. Mode of voting—each colony was to have 1 vote until the 

importance of each colony could be determined. 

6. Action. 

(1) Address to the King, people of Great Britain, people 
of the 13 colonies and to the people of Quebec. 

(2) Published “Bill of Rights,” protesting against British 
tyranny. 

(3) Recommended another Congress to meet May 10, 1775, 
provided they did not obtain a redress of grievances 
before that time. 

7. Result. 

V. Second Continental Congress. 

1. Recommended by Congress of 1774. 

2. Cause—breach between England and colonies becomes 

wider. 

3. Delegates—chosen by people or by legislatures. 

4. Purpose—to consider the state of America. 

6. Mode of voting—same as that of Congress of 1774. 

6. Action, (necessity compelled them to take measures for 

defense.) 

(1) Organize an army of the United Colonies with George 
Washington as Commander-in-Chief. 

(2) Provided means for carrying on war. 

(3) Organized general post-office, etc. 

(4) Afterward assume a virtual control over the military 
operations of all the colonies. 

(5) Recommended promsional governments in all the col¬ 
onies, (1775.) 

7. Sessions. 

(1) Continued session, with occasional adjournments till 
March 1781. 


i6 


OUTLINES IN CIVIL GOVERNMENT. 


(2) Yearly sessions, from 1781 till 1789. 

8, Sources of its authority— 

(1) It assumed control from necessity. 

(2.) Its acts were in accordance with the general expecta¬ 
tion of the colonies. 

REVOLUTIONARY GOVERNMENT. 

Causes of the Revolution. 

Central Government of Revolution — Second Continental 

Congress. 

Declaration of Independence. 

I. Preliminary steps. 

1. Discussion of the subject among the people in the colonies. 

2. Convention of North Carolina empowered their delegates 
in Congress “ to concur with those in the other colonies in 
declaring independency.” (Apr. 22, 1776.) 

3. Convention of Virginia unanimously instructed their del¬ 
egates in Congress ‘‘ to propose to that body to declare the 
United Colonies free and independent states.” (May 15, 
1776.) 

4. R. H. Lee offers resolution. (June 7, 1776.) 

5. Discussion and adoption of the resolution by committee of 
the whole, (June 10, 1776.) 

6. Committee for drafting appointed. 

7. Most of the colonies authorized their delegates to vote for 
the resolution. 

8. Resolution adopted by Congress. (July 2, 1776.) 

II. Declaration adopted. (July 4, 1776.) 

III. Origin of the power to declare independence. 

1. Not the work of states for no states existed. 

2. From the people of the 13 colonies through their repre¬ 
sentatives. 

IV. Reception of the news. 

V. Parts. 

1 . Preamble. 2. Reasons for separation. 

3. Concluding declaration. 


OUTLINES IN CIVIL GOVERNMENT. 


17 


71. Results. 

lo The beginning of a nation. 

2. Nation and States born together. 

(1) Sovereignty changed from Great Britain to the people 
acting through Congress. 

(2) Colonies which acknowledged allegiance to England, 
became States owing allegiance to the Nation. 

i. The relations of the States to the General Government 
were the same in substance as they are now. 

4. It made the United States a real government with an 
unwritten constitution. 

5. The central government existed as a revolutionary one 
and Congress governed by consent of the people. 

Results of the Revolution. 

£. Treaty of Peace— 

1. Independence of U. S. recognized by England. 

2. Amount of territory given to U. S. 

3. Navigation of Mississippi river and Great Lakes. 

4. Interest in fisheries given to U. S. 

II, Condition of the country. 

NATIONAL GOVERNMENT. 

A. Revolutionary — from July 4, 1776, to Mar. 1, 1781. 

B. Under the Articles of Confederation, 1781 till 1789, 
History. 

I. Drafted soon after “ Declaration of Independence,” 1776. 

II. Agreed to by Congress, Nov. 16, 1777. 

III. Ratification by States. 

1. Ten States in July, 1778. 

2 . New Jersey and Delaware, 1779. 

3. Maryland withheld approval till Mar. 1, 1781. 

[V. Origin—first attempt to form a central government that 
was not revolutionary. 

V. Difiiculties in preparing— 

1. The States’jealousy of England was transferred to their 
own General Government. 

2. States were willing to confide very little power to Congress, 


28 


OUTLINES IN CIVIL GOVERNMENT. 


Provisions. (Refer to textbook.) 

Defects. (Leading ones.) 

I. Government had no executive officer. 

IL No power to punish offenses against the law. 

III. No power to effectually perform any of its duties. 

IV^. No power to lay taxes. 

V. Could not regulate commerce. 

VI. Could not arm, equip nor support an army. (Have clasi 
name other defects.) 

Failure in application. 

I. States would send small number of delegates to lessen their 
expenses. 

II. Treaty of Peace, signed Sept. 3, 1763, could not be ratified 
till Jan. 14 for want of representation. 

III. Various articles of the treaty were constantly violated by 
the States. 

IV. National Government could riot aid Massachusetts to 
put down Shay’s Rebellion. 

Plans for reorganizing the government. 

I. Massachusetts declared the Articles inadequate and desired 
a convention of delegates from all States, 1785, 

XL Annapolis Convention (of trade) thought that a general 
convention should be called, 1786. 

Ill, Congress recommends Feb, 21, 1787, that a convention oi 
delegates meet at Philadelphia May 14, 1787. 
iV, Constitutional Convention. 

1 . Time. 2. Place. 3. President—George Washington 

4. Delegates. (1) Whole number, 65. (2) Eminent men 

5. Its work. 

(1) Character—to form a government with no example foi 
a guidance. 

(2) Plans. 

a. Virginia plan—to form a new Constitution. 

b. New Jersey plan—to amend the Articles of Confeo 
eration. 

6 o Origin of parties—Federalists and Anti-Federalists. 

7 Constitution agreed to by Convention Sept. 17, 1787. 


OUTLINES IN CIVIL GOVERNMENT. 


19 


V. Adoption of the Constitution—by people of the United 
States in convention, 

\ri. Election of President and members of Congress—Time 
appointed by the Congress of 1788. 

C. Under the Constitution. 

Definition of the Constitution—supreme law of the land. 
Formation, 

I, Time—Sept. 17, 1787. II. Place—Philadelphia, 

III. Manner—by Federal Convention. 

IV. Difficulties—compromise was a “ log-rolling ” scheme be^ 
tween Hamilton and Jefferson. 

Ordained and Fstahlished^^hy the people of the United States 
as a Nation, 

Efficiency^ compared with Articles of Confederation. 

I. The central government had more power. 

II. The powers and functions were more widely distributed, 
being distributed into Legislative, Executive and Judicial 
departments. 

Purposes. 

I. To form a more perfect union. 

II. To establish justice. 

III. To insure domestic tranquillity. 

IV. To provide for the common defense. 

V. To promote the general welfare. 

VI. To secure the blessings of liberty to the people. 

Provisions. 

L As to departments of the government. 

1 . Legislature, or law-making—(Congress.) 

( 1 ) Houses. 

a. House of Representatives. 

(a) Members. 

1. Number—determined by Congress. 

2. Term of office—two years. 

S. Election—by the voters or electors. 

(What is the qualification of electors?} 

J. Qualifications. 


20 


OUTLINES IN CIVIL GOVERNMENT. 


(i) Age. (2) Citizenship. (S) Residence., 
(4) Loyalty. (5) Official disencumbrance. 

<5, Apportionment 

(1) According to population by census. 

a. Census taken as Congress directs. 

b. Time of taking the census. 

(2) Conditional, and may be reduced if the right 
to vote is abridged (14th Amend.) 

6. Vacancies—filled by election. 

(b) House powers. 

r 171 f- i 1- House officers. 

1. Jtiective -j 2 ^ President of United States. 

2. Inquisitorial—originates impeachments. 

S, Legislative. 

(1) Exclusive—has sole power of originating bilb 
for raising revenue. 

(2) Concurrent—co-ordinate with the Senate in 
general legislation. 

b. Senate. 

(a) Members. 

1. Number—two from each State. 

2. Term of office—six years. 

r 1. By State Legislature. 

S, Election •< 2. Manner of election. 

( 3. Time. 

4. Classes. 

5. Vacancies. 

6. Qualfiications. 

(i) Age. (2) Citizenship. {S) Residence, (4) 
Loyalty. (5) Official disencumbrance. 

(b) Presiding officer—decides questions of order. 

1. Vice-President of United States. 

1 . Election 1 i' gy Electors, at aame time as Pres. 

) 2. ±5y benate, when there is no maj. 

2. Powers. 

a. Votes in case of a ‘‘ tie.’* 

b. Signs all bills and resolutions passed by the 
Senate. 


OUTLINES IN CIVIL GOVERNMENT. 


21 


c. Becomes President on removal of that officer. 
S. Salary—$8,000 per year. 

Jf. Qualifications—same as President. 

2. President pro tempore, in case of absence of Vice- 
President. 

(c) Senate powers. 

1. Elective, (i) Vice-President. (2) President 
pro tempore. (<?) Senate officers. 

2 Judicial—in trying impeachments. 

(i) Number necessary to convict—two-thirds pres¬ 
ent. 

{2') Judgment in impeachment. 

a. To remove from office and disqualification. 
h. Subject to further trial in courts. 

(S) Chief Justice presides when the President of the 
United States is tried. 

S. Legislative. 

J^., Executive. 

(i) In making appointments. 

{2) In making treaties. 

(2) Elections, for selecting Senators and Representatives, 

a. Legislatures of States shall prescribe the times, places 
and manner of holding. 

b. Congress may regulate, except as to places of choos¬ 
ing Senators. 

(3) Meeting. 

a. Frequency—at least once each year. 

b. Time. 

(a) By the Constitution, first Monday in December. 

(b) By law. Congress may appoint a different day 

(c) President may call extra sessions. 

c. Place—not designated by Constitution. 

(4) Provisions common to both Houses, 
a. Membership. 

(a) Each House judges elections, returns and qualifi- 
cations of its own members. 

(b) The election must be legal, the returns valid and 
the person must be qualified. 


22 


OUTLINES IN CIVIL GOVERNMENT. 


b. Quorum. 

(a) Number—a majority of either House. 

(b) A smaller number may adjourn from day to day, 
(o) Means of compelling absent members to attend. 

5. Business rules. 

(a) Each house may determine its own rules. 

(b) Rules must conform with provision of Constitu¬ 
tion. 

d. Penalties. 

(a) Punishment—by either house for disorderly con^ 
duct. 

(b) Expulsion—by a two-thirds vote. 

e. Journal. 

(a) Kept by each house. 

(b) Publication. 

1. For future convenience. 

2. Checks hasty legislation. 

{ 2 ) Exceptions. 

f. Yeas and nays. 

(a) Entered in Journal at desire of one-fifth present. 

(b) Manner of taking. 

(c) Objects. 

g. Adjournment. 

(a) Neither house without consent of the other can 
adjourn for longer than three days. 

(b) Cannot adjourn to a different place. 

(c) President may adjourn them when the houses can 
not agree as to the time. 


( 1 ) Objects, 


h. Salaries. 


(a) Amount at present, 


1 . 


2 . 


3. 


$5,000 and 
House— 


Members 
mileage. 

Speaker of 

$8,000 

Vice. President— 

$ 8 , 000 .* 

(b) How paid—from United States treasury. 
Official rights—freedom. 


’’'President pro tempore of Senate also gets S8,000 per annum. 




OUTLINES IN CIVIL GOVERNMENT. 

(a) From arrest, except for treason, felony and breact 
of the peace. 

1. During attendance at houses. 

2. While going to and returning from- 

/b) Of speech—can not legally be called to accounl 
in the courts, for things uttered in debate. 

j. Prohibitions on members—to prevent corruption. 

(a) Concerning created offices. 

(b) Concerning increased emoluments. 

(c) Shall hold no office under the United States. 

1. A person elected to Congress, can hold a United 
States office only till he is ready to take his seat. 

2. Seat forfeited by accepting an office, 

k. Official oath. 

(5) Law-making in proceedings. 

a. Bills. 

(a) Methods of introducing. 

J. By any member, with leave of the house. 

£. By order of either house. 

S. By report of a committee, 
i. Appointing committees—by presiding officer. 

Kinds of committees, | 

(b) Readings—must receive three readings. 

(c) Amendments. 

(d) Passage. 

i By passing both houses and receiving signature 
of the President of United States. 

2. Over the President’s veto, by a two-thirds major 
ity of each house, voting by yeas and nays, 

S. By President neglecting to return the bill within 
ten days, (Sundays excepted) Congress not^ 
adjourning. 

b. Orders, resolutions and votes. 

(a) Shall be presented to the President, except.—^ 

Related to internal government of each house. 
Questions of adjournment. 

(b) Manner of passage—same as for bills. 



OUTLINES iN CIVIL -GOVERNMENT. 


(6) Powers of Congress, 
a. Express powers. 

(a) To lay and collect taxes. 

1. Direct taxes—apportioned like representatives 

2, Indirect taxes—(duties, imposts and excises,) 
must be uniform throughout the U nited States. 

(b) To borrow money on credit of United States. 

1. United States bonds. 

2. Treasury notes. 

(c) To regulate commerce. 

1. With foreign nations. 

2. Among the several States. 

S. With the Indian tribes. 

(d) To establish a uniform rule of naturalization. 

1. Present method. 

(1) Alien must be resident for 5 years. 

(2) Must declare intention, on oath, at least 2 
years before admission as a citizen. 

(S) When he applies for admission he must 
declare on oath that he will support the Const! 
tution of United States and renounce allegiance 
to any foreign state. 

(4) Court admitting him inquires into his moral 
character, residence, etc. 

2. Naturalization restricted to whites and Africans 

(e) To establish uniform laws of bankruptcy. 

1. Objects of a bankrupt law. (Andrews 93.) 

2. How different from an insolvent law. 

S. A Slate can not pass a bankrupt law—because it 
impairs the obligation of contracts. 

(f) To coin money and regulate the value. 

1. Definition of money. 

2. Places of coining money, 

S. 

(g) To fix the standard of weights and measures. 

(h) To provide for punishment of counterfeiting. 

(i) To establish post-offices and post-roads. (Post 
office laws, etc., should be studied.) 


OUTLINES IN CIVIL GOVERNxMENT. 




(j) To grant patents and copyrights. 

1. Copyrights. (Granted only to citizens or resi 
dents of the United States.) 

(i) Manner of obtaining. 

\2) Cost or expense—one dollar. 

2. Patents. 

(1) Obtained from Patent Office. 

{2) Manner of obtaining. 

[3) Fees—thirty-five dollars. 

(k) To establish inferior U. S. courts. 

(l) To define and punish piracies and felonies 
high seas, and offenses against law of nations. 

(m) To have charge of matters related to war. 

1. To declare war. 

2. To grant letters of marque and reprisal, 

3. To make rules concerning captures on land and 
water. 

Ji-. To raise and support armies. 

(1) Manner of raising. 

(2) Officers. (A. 23.) 

(<^) Appropriation—limited to 2 years. 

5. To provide and maintain a navy. 

(1) Established in 1798. 

(2) Officers. (Andrews 124.) 

6. To make rules for the army and navy. 

7. To make certain provisions concerning militia. 

(1) Organizing, arming and disciplining. 

(2) Governing those in the United States service 

(3) For calling forth the militia. 

a. To execute the laws of the Union. 

b. To suppress insurrections. 

c. To repel invasions. 

(n) To exercise control over United States territory. 

1. Needful rules and regulations. 

2. Exclusive legislation in all cases, over the seat of 
government. 

3. Exclusive legislation over places purchased foi 
the erection of public works. 


OUTLINES IN Civil. GOVERNMENT. 


(1) Forts. {2) Magazines. (S) Arsenals. {Ji) 
Dock-yards. {5) Other needful buildings. 

4. To dispose of United States territory. 

6. May admit new States into Union. 

(Not*.— Other express powers are given in connection with 
-he eiiiecutive and judicial departments.) 
b. Implied and incidental powers. 

(a) To purchase foreign territory. 

(b) To establish military and naval academies, etc. 

(c) To make internal improvements. 

(d) To create corporations. 

(e) To make all laws necessary to carry into effect an 
express or plainly implied power of Congress. 

(Note. —Admission of Texas, purchase of Louisiana and Em 
largo Act of 1817 are instances of implied powers.) 

(7) Powers prohibited and restricted, 
a. On Congress (and United States). 

(a) To suspend the writ of habeas corpus. 

1. Except public safety require it in cases of rebel¬ 
lion or invasion. 

2. Object of writ of habeas corpus. 

5. Manner of procuring the writ. 

(b) To pass a hill of attainder (an act inflicting death 
without judicial trial). 

(c) To pass an ex post facto law (a law making an 
act criminal which was not so when committed). 

(d) To lay direct taxes unless in proportion to the 
census. 

(e) To lay taxes on State exports. 

(1) To give preference to the ports of one State over 
another. 

(g) To compel vessels to enter, clear or pay duties in 
any port other than the one bound for. 

(h) To draw money from treasury without lawful 
appropriations being made. 

1. Statement and account of receipts and expendi 
tures of public money shall be published from time 
to time. 


OUTLINES IN CIVIL GOVERNMEJTT. 


27 


Appropriations for army shall be limited to two 
years. (Why?) 

(i) To grant titles of nobility. 

(Note. —No officer of United States shall,withoatconsent of 
'Jongress, accept of any present, emolument, offiee or title from 
I’Aj foreign powers.) 

(j) To establish religion or prohibit its exercise. 

(k) To abridge freedom of speech or of the press. 

(l) To deny the right of assembling to petition the 
government. 

(m) To repudiate debts, etc, 

b. On States. (These prohibitions and restrictions relate 
principally to powers given to the genera) government, 
(a) Absolute prohibitions. 

1, To enter into any treaty, alliance or confederation. 

To grant letters of marque and reprisal. 

3. To coin money. 

To emit bills of credit. 

5. To make anything but gold and silver «oin a 
tender in payment of debts. 

6. To pass any hill of attainder. 

7. To pass any ex post facto law. 

8. To pass any law impairing the ohliaaHon of 
contracts. 

U) Congress has this authority. 

{2) States can cliange a method of enforcing a 
contract. 

iS) Conditions of a contract. 
a. Parties must be competent. 
h. Sufficient consideration—(need not be a 
money consideration.) 
c. Must be possible. 

Must not be such as the law already enjoins. 
e. Must not be something forbidden by the 
law. 

To,grant titles of nobility. 

Vb) Restrictions—No State shall have power without 
consent of Congress. 


28 


OUTLINES IN CIVIL GOVERNMENT. 


2 . 


i. To lay imposts and duties, unnecessary for exe 
cuting its inspection laws. 

(1) Net produce of all such imposts and duties 
shall he for the use of the treasury of the United 
States. 

(2) Inspection laws are subject to the control anf 
revision of Congress. 

{3) Use of inspection laws. 

2. To lay any duty of tonnage (duties on ships). 

8. To keep troops or ships of war in time of peace 
Jf.. To enter into any agreement or compact. 

(i) With another State. 

{2) With a foreign power. 

5. To engage in war, unless— 

(i) Actually invaded, or 

{2) In such imminent danger as will not admit oi 
delay. 

Executive department—vested in a President. 

(1) Necessity and object—to execute the laws. 

(2) Term of office. 

(3) Election. 

a. By electors. 

(a) Appointment. 


* 1. Manner 


Time 


(b) Number | g* 


1. By States, as their legislature? 
may direct. 

2, At present they are chosen ii 
[ every State by general ticket. . 

Determined by Congress 
Since Tuesday next after first 

Monday in November. 

How determined. 


Present number— 
f 1. Must not be a Senator or t 
Representative. 

2. Must not hold any U. S. of 
fice of trust or profit. 
Proceedings of the electors. 

Meeting in their respective States. 


(e) Qualifications 


(d) 


*Eacli State may provide for filling any vacancy which may occur in the 
Doilege of Electors. “ 


OUTLINES IN CIVIL GOVERNMENT. 


29 


VotiDg —by ballot. 

/ /X Tim» i ^ Determined by Congress. 

'' ' (2. /^S'^7^C€ second Monday of Jan 

{2) Manner. ' 

8. Certificates or lists of the votes. 

(1) One is sent by special messenger to the Pres 
ident of Senate at Washington. 

{2) One is sent by mail to him. 

(3) One is delivered to the Judge of the U. S. 
Court of the district in which the electors meet, 
(e) Proceedings in Congress, 

1 Opening the certificates, 

(7) Time —since 1792, second Wednesday of Feb 

(2) By whom opened—President of Senate. 

(3) In the presence of both houses. 

2. Counting the votes—by tellers appointed from 
both houses. 

3, Declaring the result. 

b. By House of Representatives. 

(a) When no person has majority of electors’ votes. 

(b) Voting—by ballot. 

1. Shall choose from the three persons receiving the 
highest number of votes for President. 

2. Manner of voting—by States. (Why ?) 

3. Quorum for voting for President—two-thirds of 
the States must be represented. 

Jf., A majority of all the States is necessary to a 
choice. 

(c) In case the House fails to select a President by 
the fourth day of March, the Vice-President shall act. 

[Note.— The manner of electing the Vice-President is referred 
to elsewhere in this outline, but it should be reviewed at this 
point. Why should the Senate elect the Vice-President in case 
of a failure to elect by the electors ? Is there a possibility of 
the Senate failing to elect ?] 

(4) Qualifications. (Give a reason for each.) 

tAn elector cannot vote for a President and a Vice President who are both 
ixom his own State. 



30 


OUTLINES IN CIVIL GOVERNMENT. 


a Birth—must be a natural-born citizen (or a citizen of 
U. S. at time of adoption of the Constitution.) 

b. Age—must be 35 years of age. 

c. Residence—14 years. 

(5) Vacancy in office of President. 

a. May occur by removal, death, resignation or inability, 
b How filled, 

(a) Vice-President succeeds the President and may 
finish the term. 

(b) Congress provides for who shall be acting Presi¬ 
dent to succeed President and Vice-President. 

1. Succession law of 1792—President pro tempore 
of the Senate, and (in case there was no such Presi¬ 
dent), the Speaker of the House of Representatives 
should act as President until the disability be re¬ 
moved or a President be elected—not in force now. 

2. Succession law of 1886 —in iorce now. Members 
of Cabinet succeed in following order: 

(1) Secretary of State. 

(2) Secretary of Treasury. 

(3) Secretary of War. 

( 4 .) Attorney-General. 

(5) Postmaster-General. 

(6) Secretary of Navy. 

(7) Secretary of Interior. 

[Note.— The Department of Agriculture was created in Feb- 
niary, 1889, and the Secretary of this department is a Cabinet 
officer.] 

(6) Salary—fixed by Congress. 

a. Payment—monthly. 

f 1. From 1789 to March 4, 1873, |25,- 

b. Amount { 000. 

[ 2. Since 1873 —^50,000 per year. 

c. Shall neither be increased nor diminished during the 
period for which he shall have been elected. (Why ?) 

d. He shall not receive (from the U. S, or any State) any 
other profits from his office, within the period for which he is 
elected. (Why ?) 


OUTLINES IN CIVIL GOVERNMENT. 


3 


[Note.— A furnished house (White House), is also provided 
for the President, rent free. It is taken care of, the grounds 
are cultivated, his fuel and light provided, and many other 
things at public expense.] 

(7) Oath of oflSce. 

a. Propriety. 

b. Administered by the Chief Justice. 

c. Form. 

(8) Powers and duties of the President. 

a. Military—He is commander-in-chief— 

(a) Of the army and navy of the United States. 

(b) Of the State militia when called to U. S. service. 

b. Civil 

(a) Concerning departments—may require a written 
opinion of his Cabinet officers upon any subject relat¬ 
ing to the duties of their respective offices. 

(b) To grant reprieves and pardons. 

1. For offenses against the United States. 

2 . Except in cases of impeachment. 

(c) To make treaties—with concurrence of two-thirdfc 
of the members present in the Senate. 

1. Whenever territory has been acquired by treaty 
Congress has been consulted beforehand. 

2. Manner of making treaties. 

(i) Framing. {2) Ratification. (S) Proclama 
tion. 

(d) Appointments—(Nominations are by the President 
alone and are written.) 

1. General. 

(1) Requiring the consent of the Senate. 

a. Diplomatic — Ambassadors, Ministers and 
Consuls. 

b. .Judicial—-judges of Supreme Court. 

c. All other officers of U. S. whose appoint 
ments are not otherwise provided for by the 
Constitution, and which shall be established 
by law. 

(2) Vested in the President alone. 


OUTLINES IN CIVIL GOVERNMENT 


9s2 


a. By law of Congress, 

b. Such inferior officers as Congress may think 
proper. 

Special.—The President shall have power to fill 
up all vacancies that may happen during the recess 
of the Senate, by granting commissions which 
shall expire at the end of their nes*; session. 

(e) Removals from office. (The Constitution says 
nothing of removal by the President.) 

1 . A bill, passed in 1789, by the first Congress 
authorizes the President to remove from office. 

2 . There were few removals for 40 years after our 
government was organized. 

(Note.— At this point the “Civil Service Act” may be 
liscussed.) 

(f) Concerning messages—delivered to Congress. 

1. When delivered. 


(g) 


2 , 


3. 


'' 

How delivered. < 


1. Till 1801—by Presi¬ 
dent in person. 

2. Since 1801—sent to be 

read to eaeh house by 
its clerk. 


( 1. Information of the state 

Contents. -j of the Union. 

( 2. Recommendations. 


Concerning Congress. 

1. Convocation—on extraordinary occasions. 

2 . Adjournment—when Congress can not agr^i' 
as to time of adjournment. 

S. Veto of bills. 


(h) Reception—ambassadors and public ministers. 

(i) To execute the laws. 

• (j) To commission all the United States officers. 
(9) Removal from office—for high crimes, etc. 

a. Impeachment by House of Representatives. 

b. Trial by the Senate, 

(a) Chief Justice presides at trial of President, 

(b) Two-thirds necessary to convict. 

(c) Extent of judgment. 



rnT^.INES IN CIVIL GOVERNMENT. 


33 


Note— The party convicted may also be tried and punished 
by law. The trial of all crimes, except in cases of impeach¬ 
ment, shall be by jury. 

3. Judicial department. 

(1) Objects—to interpret and apply the laws. 

(2) In what vested. 

a. Supreme Court. 

(a) Consists of a Chief Justice and eight Associate 
Justices. 

(b) Sessions—where and when. 

b. Inferior Courts—established by Congress. 

(a) Circuit Courts.—(number.) 

(b) District Courts.—(number.) 

(3) Judges. 

a. How chosen—by President and Senate. 

b. Oath of office—They shall swear or affirm that they 
will support the Constitution of the United States. 

c. Term of office—during good behavior. (Why ?) 

d. Number. 

e. Salaries— 

(a) Shall not be diminished during their continuance 
in office. (Why ?) 

(b) Since 1873. 

1 . Chief Justice—$10,600 per year. 

2. Associate Justices—$10,000 per year. 

S. Circuit Judges—$3,500 to 6,000 per year. 

f. Removals. 

(a) On impeachment and conviction. 

(b) For treason, bribery, etc. 

g. Provisions for retirement—having served ten years, 
they can retire at seventy years of age, on the salary 
they are then getting. 

( 4 ) Officers (of United States Courts.) (How appointed?) 

a. Attorneys. 

b. Marshals—duties like the sheriff’s in State courts. 

c. Reporters—Report eases before the court. 

d. Clerks—keep records, seal, and has charge of moneys 
paid. 


OUTLINES IN CIVIL GOVERNMENT. 




(5) Jurisdiction. 

a. Extends to all cases involving National question!. 
To all cases of law and equity arising. 

(a) Under the Constitution of the United States. 

(b) Under the laws of the United States. 

(c) Under treaties made, or which shall be made undei 
their authority. 

b. The Supreme Court shall have original jurisdiction. 

(a) In all cases affecting ambassadors, other public 
ministers, and consuls. (Why?) 

(b) In cases in which a State shall be a party. (Why?) 

1. Controversies between two or more States. 

2, Between a State and citizens of another State. 

S. Between a State and foreign States, citizens or 
subjects. 

4 . Between the citizens of a State, and foreign 
States, citizens or subjects. 

(Note. —The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commencec? 
or prosecuted (1) against one of the United States by citizens 
of another State, or by citizens or subjects of any 
foreign State. (11th Amend.) 

How can a person obtain relief if he has a claim against a 
State? (1) By petitioning the legistature. (2) In some 
States, before a court of claims.) 

c. The Supreme Court has appellate jurisdiction, both 
as to law and fact (with such exceptions and under 
such regulations as Congress shall make.) 

(a) In all cases of admiralty and marine jurisdiction. 

(b) In controversies to which the United States shall 
be a party. 

(c) Between citizens of different States. 

(d) Between citizens of the same State claiming lands 
under grants of different States. 

(6) Trials. 

(a) In civil cases. 

(a) Trial by jury in suits where the value in contro¬ 
versy exceeds twenty dollars. 


OUTLINES IN CIVIL GOVERNMENT. 


35 


(b') Re-examination (7th Amendment.) 
b. In criminal cases. 

(a) Indictment by grand jury. (Exceptions.) 

(b) Arrest of the accused. 

(c) Trial by petit jury—except in cases of impeachment. 
7. Speedy and public trial. 

2. By an impartial jury. (Where selected from ?) 

3. Place of trial. 

(i) In the State where the crime is committed. 

(^) When not committed within any State, the 
trial shall be at such place or places as the Con¬ 
gress may by law have directed. 

(d‘) Witnesses. 

1, The accused shall not be compelled to be a wit¬ 
ness against himself. (Why ?) 

2, He shall have compulsory process for obtaining 
witnesses in his favor. 

3, He shall be confronted by the witnesses against 
him. 

(e) Counsel.—He shall have the assistance of counsel 
for his defense. 

(f) Bail.—Excessive bail shall not be required. 

(g) Fines.—Excessive fines shall not be imposed. 

(h) Punishments. — Cruel and unusual punishments 
shall not be inflicted. 

(i) Second trial. No person shall be subject for the 
same offense to be twice put in jeopardy of life and 
limb, unless— 

1. The jury fail to agree; or 

2 . The jury be discharged before verdict is ren¬ 
dered; or 

3. Judgment be arrested after a verdict; or 

Jf.. A new trial be granted in favor of the accused. 
(7) Treason. 

a. Definition.—Treason against U. S. shall consist only: 

(a) In levying war against them; or 

(b) In adhering to their enemies, giving them aid and 
comfort. 


OUTLINES IN CIVIL GOVERNMENT. 

b. Conviction.—No person shall be convicted of treason 
unless: 

(a) On the testimony of two witnesses to the same 
overt act; or 

(b) On confession in open court. 

c. Punishment. 

(a) Congress has power to declare the punishment of 
treason. 

(b) No attainder of treason shall work corruption of 
blood or forfeiture, except during the life of the per¬ 
son attainted. (The offender shall bear all the pun¬ 
ishment.) 

(c) Since 1862—death; or imprisonment for not less 
than 5 years, and a fine of not less than $10,000. 

d. Can be no treason against ^particular State. (Why? 
Andrews 209.) 

II. As to States. 

1. Relation to the United States Government. 

(1) They owe allegiance. 

(2) Their laws cannot conflict with the Constitution and 
laws of the United States. 

(3) If they do not remain as States in the Union, they be¬ 
come like territory under it. 

2. Rights. 

(1) To full faith and credit in public acts, records, etc. 

a. The judgments, etc., of one State need not be re-ex¬ 
amined in another. 

b. The manner in which the acts and judgments shall 
be authenticated, and what their effect shall be, is to 
be left for Congress to declare. 

In 1790 Congress enacted that the acts of the legislature of 
a State shall be authenticated by its seal; that the records of a 
Court should be proven by the attestation of the clerk and the 
seal of the Court annexed (if there be one), with the certificate 
of the judge; and that the records thus authenticated should 
have such faith and credit in the Courts of other States as they 
have in the Courts of the States from which they are taken.” 

(2) Citizenship.—The citizens in each State shall be entitled 


OUTLINES IN CIVIL GOVERNMENT. 


37 


to all the privileges and immunities of citizens in the 
several States (t. e.: A citizen of one State, on removing 
to another, shall enjoy all the rights and privileges of 
the citizens of the State to which he moves.) 

a. Who are citizens? (See 14th Amendment.) 

b. Dred Scott case. (Andrews 211.) 

(3) To fugitives from justice. 

a. Why they should be delivered up. 

(a) A State ha# no authority beyond its limits. 

(b) States are political neighbors. 

(c) No State should be an asylum for criminals. 

b. Manner of obtaining the fugitive—steps. 

(a) Demand for return, on Executive of State to which 
criminal has fled. 

i. Made by Executive of State where crime was 
committed. 

Accompanied by— 


Which must be cer¬ 
tified, by governor 
or chief magistrate 
making the de¬ 
mand, to be au- 



(^) 

(^) 


thentic. 


(b) Arrest of fugitive. (Townsend 234.) 

7. Caused to be done by Executive of State to 
which the person has fled. 

Notice of the arrest—to Executive making the 
demand, or his agent. 

(c. Delivery of the fugitive. 

[Note. —The clause relating to escaped slaves is no longer 
operative.] 

(4) New States. (May be admitted by Congress.) 

a. By dismemberment.—No new State shall be formed 
or erected within the jurisdiction of any other State. 

(This clause was inserted to quiet the fears of the larger 
States in the Constitutional Convention.) 

b. By junction.—No State shall be formed by the junc¬ 
tion of two or more States, or parts of States, without 
the consent of the legislatures of the States concerned. 



38 


OUTLINES IN' CIVIL GOVERNMENT. 


(This clause was to quiet the fears of the smaller States.) 

Questions. —How was West Virginia admitted ? How were 
the States of Maine, Vermont and Kentucky formed ? What 
State has been annexed ? [Texas.] What State had no terri¬ 
torial government before admission ? [California.] How many 
were organized as territories before admission as States ? [25.] 
(For government of territories ” see page—) 

(5) Federal protection. 

a. In form of government—(republican.) 

b. Against invasion. 

c. Against domestic violence. 

va) On application of the State legislature; or 
(b) Executive request. 

(Seceded States—Andrews 224-230.) 

(6) Reserved rights. (9th and 10th Amendments.) 

a. The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage 
others retained by the people. 

b. The powers not delegated to the IFnited States 
BY THE Constitution, nob prohibited by it to the 
States, are reserved to the States respectively, 

OR TO THE PEOPLE. 

(a) All the power of both State and National govern¬ 
ment has come from the people. 

(b) “ United States” here means the United States 
government and not the people. So “ States ” 
means the State governments. 

[Note. —The distinction between the people and the govern¬ 
ment must never be lost sight of. “ The people make constitu¬ 
tions; governments carry on the legislative, executive and judi¬ 
cial departments of civil society in conformity with the consti¬ 
tution thus made by the 

The people of the United States have established a kind of 
double government—that of the United States and that of the 
several States. They have authorized the general government, 
known as the United States, to exercise large powers, and in 
the same Constitution have made various prohibitions upon the 
State governments. 


OUTLINES IN Civil. GOVERNMENT. 


39 


The people of a State may insert in their own constitution any 
power not already inserted by the whole people in the Consti¬ 
tution of the United States, and not forbidden by the whole 
people to be inserted in the State Constitution.] 

('7) Representation. 

a. Each State shall have at least one representative. 

b. No amendment shall be made to the Constitution, 
depriving any State, without its consent, of its equal 
suffrage in the Senate. (Art. V.) 

(8) Concerning elections. (Art. I, Sec. 4.) 

( (Art. I, Sec.8, 


(9) 




3. State subordination. 

4. State prohibitions (given in connection with prohibitions 
on Congress, page 27.) 


III. As to Amendments. 

1. Manner of proposing. 

(1) By a two-thirds vote in Congress. 

(2) By convention, called by Congress, on the application 
of the legislatures of two-thirds of the States. 

2. Manner of adopting. 

( 1 ) Ratification by the legislatures of three-fourths of the 
several States; or 

( 2 ) By conventions in three-fourths of the States. 

(Congress proposes which mode to use.) 

5 . Limitations—(Art. V.) The first two became inoperative 
in 1808, but the third relating to ‘‘equal suffrage in the 
Senate ” is still in force. 

V i Become valid as soon as ratified. 

• ^ ^ ^ y- I 2. Binding on all the States, 

IV. As to strength of the Constitution. 

1. Validity of debts and contracts made before the adoption 
of the Constitution. 

2. Supremacy of United States authority. (Art. VI, 
Sec, 2.) 

3. Official oath to support the Constitution. 

V. As to the establishment of the Constitution. (Art. 
VIIL) 


40 


OUTLINES IN CIVIL GOVERNMENT. 


1. Required the ratifications of the conventions of nine States 
to establish it between the States so latifying it. 

[2. If any of the States had finally refused to ratify the 
Constitution, they would probably have been made Terri¬ 
tories or districts under the Union.] 

Most of these have been referred to, but it ) 
will be found convenient to study them here. [ 


Amendments, 


1 


I. Number. 

1. Nineteen have been proposed by Congress. 

2. Fifteen have been ratified by the requisite number of 
States. 

IJ. Provisions. 

1 . The first ten amendments are of the nature of a bill 
of rights. (Proposed September 25, 1789, and ratified Dec¬ 
ember 15, 1791.) 

2. The eleventh, provides that suits cannot be brought 
against a State by private persons of another State, (Pro¬ 
posed March 5, 1794 and ratified January 8, 1798.) 

3. The twelfth changed the mode of electing President and 
Vice-President. (Proposed December 12, 1803 and officially 
declared to be ratified September 25, 1804.) 

4. Thirteenth abolished slavery. (1865.) 

5. Fourteenth. (1868. Notice the text carefully.) 

(1) Citizenship.f 

(2) Prohibitions on States. 

(3) Representation. 

a. Apportionment. 

b. Basis of representation may be reduced. (When 

(4) Ineligibility. 

(5) Validity of the public debt of United States. 

(6) Repudiation of Confederate debts, etc. 

6. Fifteenth—(1870.) The right of citizens of the United 

States to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color or previous 
condition of servitude.” 


It will be seen that the 12th Amendment conferred freedom 
on the colored race, the 14th conferred citizenship and the 15tli 
conferred suffrage. 


OUTLINES IN CIVIL GOVERNMENT. 


41 


f 1. Representation. 

I 2. Slave trade. 

Compromises of the Constitution. ^ 3. Fugitive Slave Law. 

1 4. Etc. 

[5. — 

f Questions: 

1. Who are citizens ? 2. Do all citizens have the privilege 

of voting? (No.) 3. Does a State have the right to fix the 

qualifications of voters? (Yes, but they must heed the 15th 
Amendment.) 4. Are the C/imesecitizens? (No.) Why? 5. 
Can any person who is not a citizen of the U. S. have the privi¬ 
lege of voting ? (Yes, in some States.) 6. Can women vote? 
(Andrews 257.) 7. What relation do the Indians bear to the 

XJ. S. ? (Andrews 87.) 



OUTLINES IN CIVIL GOVERNMENT. 


42 


QUESTIONS ON CIVIL GOVERNMENT- 


1. What is the object of government ? 

2. Name the most common kinds of government. 

3 . Where does the government get its power? 

4 What is peculiar of our own form of government? 

5. Name three kinds of colonial governments? 

6. By what right did the British crown claim the original 

colonies ? 

7 . Why was the union of 1643 formed ? 

8. Why was the plan of union of 1754 rejected by both par¬ 

ties? 

9. While each of the colonies exercised some of the powers of 

government at home, they still acknowledged allegiance 
to England. What does this prove ? 

10. Why did the colonies refuse to be taxed? 

11. What did the first Continental Congress do? 

12. What represented the central government during the Rev¬ 

olution ? 

13. When was the term “ United States ” first used? 

14. When did our Nation and the States really begin? 

15. Explain the defects in the Articles of Confederation, that 

made the central government weak. 

16 . When was the Constitution formed? When adopted? 

17. Who ordained the Constitution ? 

18. What are the purposes of the Constitution ? 

19. Name the three departments of our government. 

20. In what is the law-making power vested? 

21. How are Representatives chosen ? 

22. How are members of the most numerous house of the State 

legislatures chosen? 

23. What are the qualifications of Representatives ? 



OUTLINES IN CIVIL GOVERNMENT. 


43 


24. Must a Representative be a resident of the district in which 

he is chosen ? Must he be a voter ? 

25. If a State should come into the Union through conquest or 

purchase, could she be represented in the House be¬ 
fore seven years 

26. How are Representatives and direct taxes apportioned? 

How formerly ? 

27. In what years is the census taken ? 

28. Who prov^ides for the number of Representatives from 

each State? 

29. Are territories allowed Representatives in Congress ? 

30. How are vacancies in the House filled. 

31. Name the officers of the House? How chosen? Why is 

the office of clerk of great importance ? 

32. How are officers impeached ? 

33. Who is the present Speaker of the House ? 

34. How are Senators chosen ? Number and term of office ? 

35. Into how many classes are Senators divided ? Why ? 

36. How are Congresses numbered ? 

37. What are the qualifications of a Senator ? 

38. Can a Senator remove to another State after election ? 

39. Who is President of the Senate ? Can he vote ? What are 

the other officers ? 

40. What judicial power has the Senate ? 

41. Who presides over the Senate when the President is im¬ 

peached ? Why ? 

42. What is the extent of judgment that the Senate can give 

against officers impeached? Can they be tried by the 
Courts ? 

43. What power has Congress concerning elections ? 

44. Does Congress have a right to say where the State legisla¬ 

tures shall meet ? 

45. When are Representatives elected? 

46. When must Congress meet ? 

47. When does the State legislature meet ? 

48. Who makes the final decision as to who are entitled to a 

seat in either House of Congress ? 


44 OUTLINES IN CIVIL GOVERNMENT. 

49. What constitutes a quorum ? 

50. Can absent members be compelled to attend ? 

51. What is the power of each House in regard to rules, order, 

etc. 

52. What is the law in regard to the journal ? 

53. What are the methods of voting ? 

54. How may one-fifth of the members present obstruct leg¬ 

islation ? 

55. What is the rule of adjournment? What was the object 

of this rule ? 

56. Where do Senators and Representatives get their pay? 

How much? 

57. Can Congressmen be arrested? When? Can suit be 

brought against them for language used in debate? 
Why? 

58. Can Congressmen fill lucrative offices which have been cre¬ 

ated during the time for which they were elected ? 

59. Can a Congressman hold any office under the U. S. at the 

same time he is a Congressman ? 

60. Where do bills for revenue (levying taxes), originate ? 

61. In how many ways may a bill become a law? 

62. What orders, resolutions, etc., shall be presented to the 

President for his signature ? 

63. Name the general powers of Congress ? 

64. Define taxes, duties, imposts and excises. 

65. What are XJ. S. bonds ? 

66. Why should Congress regulate commerce ? 

67. Can Chinese become citizens of the U. S.? Why? 

68. What is money? Who fixes the standard of weights and 

measures ? 

69. What is counterfeiting? 

70. Describe the postal system. 

71. How are copyrights obtained? Patents? 

72. Who establishes inferior courts of the United States f 

73. What is piracy? What are letters of marque and reprisal? 

74. What is the limit of appropriations for war ? 

75. Of what use is the navy ? 


OUTLINES IN CIVIL GOVERNMEVT. 45 

76. What is the difference between the militia and the regular 

army? 

77. How many men were mustered into the service of the U. 

S. for the four years from April 1, 1861? (2,656,553.) 

78. Why should Congress have exclusive power at the seat of 

government ? 

79. Do people in the District of Columbia vote for President ? 

Do they pay tax ? 

80. What is an express power ? Incidental or implied power ? 

81. Name four incidental powers of Congress? 

82. What provisions were made by the Constitution concern¬ 

ing slavery ? 

83. Define habeas corpus. When has the writ of habeas 

corpus been suspended ? Why ? Who has the power 
to suspend it ? 

84. What is a bill of attainder f 

85. What is an ex-post facto law ? 

86. How must direct taxes be apportioned by the General 

government ? 

87. What are the prohibitions as to exports and commerce of 

each State? 

88. What are the prohibitions as to use of public money? 

Titles of nobility ? 

89. When presents are sent from foreign powers to officers of 

our government, what is done with them ? 

90. Name the prohibitions upon States? 

91. Did the States ever possess the powers of sovereignty? 

92. Why should States be prohibited from forming treaties ? 

93. Can a State pass any law impairing the obligation of con¬ 

tracts ? 

94. Would it be right for the State to tax XJ. S. bonds? Why? 

95. In whom is the executive power vested? 

96. Describe the manner of electing the President? What 

must his qualifications be ? 

97. What is the Presidential succession law of 1886 ? 

98. What is the salary of the President ? 

99. What oath does the President take ? 


OUTLINES IN CIVIL GOVERNMENT. 


46 

100. Name the powers and duties of the President. 

101. Name the Cabinet officers. 

102. How does the President make appointments ? 

103. How does he make removals from office ? 

104. What is meant by “Civil Service Eeform? ” 

105. What is the “ President’s message? ” 

106. When can the President convene Congress? Adjourn 

them ? 

107. Can he refuse to receive ambassadors ? 

108. How can he be removed from office ? 

109. Who are “ civil officers ? ” (Andrews 180.) 

110. Why should the President not have an unqualified veto on 

bills? 

111. In what is the judicial power vested? 

112. What inferior XJ. S. courts have been established? 

113. Of how many Justices does the Supreme Court consist? 

114. How many Circuit Judges are there? (Nine—one for each 

circuit.) 

115. How many District Courts now ? 

116. What is the term of office for D. S. Judges? Why? 

117. Why should the Judiciary be co-ordinate with the other 

departments? (Andrews 184.) 

118. What is the “Court of Claims?” When was it estab¬ 

lished? (1855.) How many Judges? (5.) AVhen 
does it commence its session ? (First Monday of De¬ 
cember.) 

119. Are the territorial courts an integral part of the Judiciary 

ofthelJ. S.? (No.) 

120. What are the salaries of the different kinds of Judges? 

121. When can they retire on salary? 

122. Name the officers of V. S. Courts, giving the duties of each. 

123. To what does the judicial power (of XJ. S.) extend? 

124. What are cases in equity ^ 

125. Can citizens of a State sue another State? 

126. Are the XJ. S. Courts open to citizens of a territory ? (No.) 

127. What is meant by original and appellate jurisdiction? 

128. How may laws of Congress be declared null and void? 


129. 

130. 

131. 

132. 

133. 

134. 

135. 

136. 

137. 

138. 

139. 

140. 

141. 

142. 

143. 

144. 


145 . 


146 . 


147. 

148. 


149. 

150. 

151. 

152. 

153. 

154. 

155. 


OUTLINES IN CIVIL GOVERNMENT. 47 

What trials (of crimes), cannot be by jury? 

Where must jury trials be held ? 

How many of the jury does it require to convict ? 

What is the difference between a grand and a petit jury I 

Can a person be tried twice for the same crime ? 

Can a person be compelled to be a witness against him¬ 
self in a criminal case ? 

Can private property be taken for public use f 

What is treason ? What is necessary to convict ? 

What is the punishment for treason ? 

Can there be treason against a particular State ? 

Name some of the rights of States. 

Can a citizen who moves into any State have all the rights 
and privileges of citizens of that State ? 

How are fugitives from justice delivered up when they 
escape into another State? 

What is extradition ? 

How are new States admitted? 

How was West Virginia formed? Vermont? Kentucky? 
Maine ? 

Can a State be formed by the junction of two or more 
States or parts of States ? Explain. 

What claims were made concerning the unsettled territory 
within the limits of the XT. S. (at the close of Kevolu- 
tion) ? 

Why did Congress (Sept. 6, 1780), recommend that the 
States release their claims on part of their territory ? 

What two States did not make cessions of their territory 
till after the Constitution was formed ? (North Caro¬ 
lina and Georgia.) 

How was the N. W. Territory formed ? 

What was the Ordinance of 1787 ? ” 

Can the U. S. acquire territory ? 

What is the relation of a territory to the Union ? 

Is a State compelled to remain a State ? 

How was Texas admitted? 

Why is it the duty of the U. S. to protect each State? 


OUTLINES IN CIVIL GOVERNMENT. 


4S 

156. 

157. 

158. 

159. 

160 . 
161. 
162. 

163. 

164. 

165. 

166. 

167. 

168. 

169. 

170. 

171. 

172. 

173. 

174. 

175. 

t COPY DEL. 
MAY 


f/'. 


AVhat was the condition of the seceded States after the 
Civil war? 

What question did the Civil war settle ? (That this is a 
Nation and not a mere Confederacy.) 

How may amendments be proposed ? Ratified ? 

When does an amendment become valid ? 

What is the supreme law of the land ? 

Can a State nullify the laws of the Union ? 

Are Senators and Representatives considered as officers % 
Who shall be bound by oath to support the Constitution ? 
How was the Constitution ratified ? 

What State was the last one to ratify it? 

How many Amendments have been made to the Constitu¬ 
tion ? 

What is the nature of the first ten Amendments ? 

What was the object of the 11th? 

What was the cause of the 12th being made? 

What is the purpose of the 13th, 14th and 15th? 

How many States has the Union ? Territories ? 

Explain how each State was formed. 

How did the U. S. get all its present territory ? 

What unorganized territory has the United States f 
How are organized territories governed ? 

TO C.AT. DtV. 

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